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Does 1&1 have the right to ask for this?
Comments
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Does this take us back to ye olde "post a notice in the London Gazette" advice?0
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Does this take us back to ye olde "post a notice in the London Gazette" advice?
Not really as you need to give a minimum two months leeway for creditors to come forward on a Section 27 notice. (AKA Ye olde post a notice in the London Gazette advice) It is good advice to put a notice in the local papers too.
I think this company 1&1 are acting pretty shoddily irrespective of whether a whole £17.50 is actually owed or not.
The options really for the OP are
1 Do nothing or return the letter marking deceased on it, see what happens
2 Pay the amount claimed.
3 Write to the debt collection agency saying that the OPs Mum is deceased and the debt is disputed with 1&1 and you will happily await a court summons for a claim against the estate which you will vigorously defend in court and until this is forthcoming you expect to hear no more from them."The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."
Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)0 -
Even if they went to court, I wonder how they would enforce a CCJ against a deceased person
They are idiots.
If they went to court, I'd imagine they'd have problems in getting judgement against a deceased person. In fact I'd imagine that they've problems in persuading a court to even consider the case once it had sight of the death certificate.0 -
If they went to court, I'd imagine they'd have problems in getting judgement against a deceased person. In fact I'd imagine that they've problems in persuading a court to even consider the case once it had sight of the death certificate.
Unless you have nothing your debts do not die with you.
The judgement would be against the estate of the deceased."The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."
Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)0 -
Unless you have nothing your debts do not die with you.
The judgement would be against the estate of the deceased.
Actually they do. The liability passes to the estate. Dead people cannot owe money.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Well, it is a fine point, but I think Optimist is correct. The estate is something which exists before death - it is not created or incorporated at death, just taken over by executors.Actually they do. The liability passes to the estate. Dead people cannot owe money.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
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